Divorce in Poland or other court proceedings in Poland – do I need to come to Poland for the court hearing?

Divorce in Poland - foreigner doesn't have to come to Poland

Divorce in Poland or other court proceedings in Poland – do I need to come to Poland for the court hearing?

 

Polish citizens living overseas

Sometimes the court may recognize that your hearing is obligatory. I such circumstances the judge may call for help of Polish Consulate or Embassy. Such possibility is legitimized by art. 1134 of Polish Civil Proceedings Code but it only applies to Polish citizens that live abroad.

Article. 1134. [taking of evidence or the delivery of the letter], the courts may be to Polish diplomatic or consular post for the taking of evidence or the service of a document, if the person to be heard, or the recipient is a national of a Polish resident abroad.- art. 1134 of Polish Civil Proceedings Code

What about non-Polish citizens?

According to international conventions and laws, the court of Republic of Poland, by way of judicial assistance may hear you in front of foreign court of your local, overseas jurisdiction.

The court of the Republic of Poland oblige the petitioner that resides in Poland to submit document that includes the necessary questions to be answered by the other party. Judge also commissions to interpreter all the necessary translations.

In details: The court sends an enquiry to the competent foreign court of local jurisdiction. That court issues a disposition upon hearing the foreign party or witness. The disposition is addressed directly to a foreign party or witness. The foreign person is heard by a local judge. So the foreign party or witness is heard in its local court, by local judge and in native language. The local judge poses the questions that were sent by polish court.

If you live abroad than you do not have to come to Poland for the court hearing to be heard as a party or as a witness!

In case you will receive a petition for divorce, petition for maintenace or other papers from polish court, do not hesitate to contact our English speaking lawyers.

We will analyse your case and as a competent proxy we will represent you interests in Poland.

2 Comments

    • Kancelaria Aleksander Stal
      Sarah
      31.05.2018, 03:45

      My boyfriend is in the middle of a divorce in Poland. His wife is threatening him with taking their kids away from him completely. They had been talking about divorce for months but did not begin the process until after he and I met. She is abusive physically and mentally and he cannot take it anymore. It doesn’t excuse the fact that he was unfaithful but sometimes that’s the way it happens. He has agreed to give her the house, cars and alimony. She still isn’t happy with this. How long could this drag out? We want to get married so he can come to the states and be with me.

      Leave a reply
      • Kancelaria Aleksander Stal
        Kancelaria Aleksander Stal
        02.06.2018, 16:52

        Dear Sarah,

        If both parties agree on divorce and division of assets than the verdict may be granted in matters of 2-3 months. Unfortunately in Poland it’s not possible to dovorce in front of notary.
        I presume that Your partner needs an attorney to help him with negotiations and court proceedings. If he wishes please send him my office details. We will try to settlle the case ASAP.

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